Q: Our promoter had handed over the housing complex to our registered association seven years ago. He had entered into an agreement with each flat owner and mentioned that he was keeping the spare car parking lots with himself. Recently, he sold one parking space to one of the flat owners. We are told that according to a Supreme Court judgment, the promoter should have handed over the extra lots to the association. Can the latter take possession of the spaces and claim ownership?
 

Vijay Dhawan, Calcutta

A: In the Nahalchand Laloochand Pvt. Ltd vs Panchali Co-operative Housing Society Ltd case, the Supreme Court had ruled that promoters cannot sell parking spaces as independent units. The developer is only entitled to charge each purchaser the price for common areas and facilities in proportion to the carpet area of the flat. Hence your association could file a declaration suit along with an injunction application against the promoter — seeking a declaration that the parking spaces are part of common areas as well as an injunction upon the promoter from transferring such areas.

Q:I became the member of a co-operative housing society after my husband’s demise. We have lived in this society for 32 years. Now I stay with a relative and have let the flat on leave and licence basis with due permission. We have always been provided with a car parking space within the premises. When we let out the flat, the society charged us three times the normal maintenance and car parking fees. After the licensees vacated the flat in July 2015, the society is (verbally) refusing future licensees that space. The society says that there are too many cars now and so they will allot car parking space only if I occupy the flat. However, some flat owners park more than one car while some let their relatives and friends park their cars. Is this decision of the society in order? If not, which forum can I go to for redressal? Within what time frame can I expect a decision?
 

Name withheld

A: The actions of the co-operative society appear to be arbitrary and unjust. First express your grievance by serving the society a written notice. If there is no positive response, file a complaint against the society with the deputy registrar of co-operatives as per the provisions of the West Bengal Co-operative Societies Act, 2006. It would not be proper to spell out a time frame as such proceedings are subject to various circumstances.

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